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Enable
the prohibition or restriction of the smoking of tobacco by any
person |
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in Wales while in a public
place. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Prohibition
of smoking in public places in Wales |
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The National Assembly for Wales
may, by regulations, make provision for the |
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prohibition or restriction of the
smoking of tobacco products by any person in |
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(1) |
Any person found to be in
contravention of section 1
of this Act shall be guilty |
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of an offence and shall be
liable to such penalty as the National Assembly for |
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Wales may by order prescribe. |
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(2) |
Where in relation to any
place specified in section 4
there is a contravention of |
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regulations under section
1,
the occupier, manager and any other person for |
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the time being in charge
of the place shall each be guilty of an offence. |
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(1) |
A power to make regulations
or an order under this Act is exercisable by |
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(2) |
Regulations or an order
under this Act may make different provision for |
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different purposes or for
different cases. |
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(3) |
Regulations or an order under
this Act may make— |
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(a) |
any appropriate consequential,
incidental or supplementary provision; |
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(b) |
any appropriate transitory,
transitional or saving provision. |
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(4) |
The
power conferred by section 2
of this Act to prescribe penalties shall not |
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include power to prescribe
a penalty of a fine of more than level 3 on the |
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5 |
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“tobacco
products” means any product consisting wholly or partly
of |
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“public
place” means any premises or place to which at the material
time |
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the
public or any section of the public has access on payment or |
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otherwise
as of right or by virtue of express or implied permission. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Smoking in Public Places (Wales) Act 2004. |
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(2) |
This Act comes into force
on such day as the National Assembly for Wales may |
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(3) |
Different days may be appointed
for different purposes. |
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(4) |
This Act extends to Wales
only. |
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